sec.88Giving approval documents to applicant

### sec.88 Giving approval documents to applicant This section applies only if the private certifier approves the application. The private certifier must not give the applicant any approval documents for the application unless the certifier has complied with section 86 (1) . Maximum penalty—50 penalty units. Subsection (2B) applies if the application is for building work that is— the demolition of a building used only or mainly for residential purposes; and assessable development under a local planning instrument. The private certifier must not give the applicant any approval documents for the application before the end of 5 business days after the day the private certifier has complied with all requirements under section 86 (1) . Maximum penalty—165 penalty units. Subsection (4) applies if the private certifier— receives an acknowledgement under section 87 from the local government for the application; and has not given the approval documents to the applicant. The private certifier must give the approval documents to the applicant— if the application is mentioned in subsection (2A) and the private certifier receives the acknowledgement before the end of the period mentioned in subsection (2B) —within 5 business days after the end of that period; or otherwise—within 5 business days after receiving the acknowledgement. See also section 132 . Subsection (6) applies if the private certifier— gives the approval documents to the applicant; and has not received an acknowledgement under section 87 from the local government for the application. The private certifier must, for at least 5 years after giving the approval documents, keep written evidence that the fee mentioned in section 86 (1) (c) for the application was paid to the local government. Maximum penalty for subsection (6) —20 penalty units. s 88 ins 2006 No. 36 s 5 sub 2009 No. 51 s 11 amd 2017 No. 12 s 8A (sec.88-ssec.1) This section applies only if the private certifier approves the application. (sec.88-ssec.2) The private certifier must not give the applicant any approval documents for the application unless the certifier has complied with section 86 (1) . Maximum penalty—50 penalty units. (sec.88-ssec.2A) Subsection (2B) applies if the application is for building work that is— the demolition of a building used only or mainly for residential purposes; and assessable development under a local planning instrument. (sec.88-ssec.2B) The private certifier must not give the applicant any approval documents for the application before the end of 5 business days after the day the private certifier has complied with all requirements under section 86 (1) . Maximum penalty—165 penalty units. (sec.88-ssec.3) Subsection (4) applies if the private certifier— receives an acknowledgement under section 87 from the local government for the application; and has not given the approval documents to the applicant. (sec.88-ssec.4) The private certifier must give the approval documents to the applicant— if the application is mentioned in subsection (2A) and the private certifier receives the acknowledgement before the end of the period mentioned in subsection (2B) —within 5 business days after the end of that period; or otherwise—within 5 business days after receiving the acknowledgement. See also section 132 . (sec.88-ssec.5) Subsection (6) applies if the private certifier— gives the approval documents to the applicant; and has not received an acknowledgement under section 87 from the local government for the application. (sec.88-ssec.6) The private certifier must, for at least 5 years after giving the approval documents, keep written evidence that the fee mentioned in section 86 (1) (c) for the application was paid to the local government. Maximum penalty for subsection (6) —20 penalty units. - (a) the demolition of a building used only or mainly for residential purposes; and - (b) assessable development under a local planning instrument. - (a) receives an acknowledgement under section 87 from the local government for the application; and - (b) has not given the approval documents to the applicant. - (a) if the application is mentioned in subsection (2A) and the private certifier receives the acknowledgement before the end of the period mentioned in subsection (2B) —within 5 business days after the end of that period; or - (b) otherwise—within 5 business days after receiving the acknowledgement. - (a) gives the approval documents to the applicant; and - (b) has not received an acknowledgement under section 87 from the local government for the application.